Social media is an image-driven medium. From product photos to team videos, the more visually dynamic your campaigns, the more attention they receive.

When most clients reach out to me with a claim against their mark, be it a Cease & Desist letter or a nastygram from the opposing counsel, their first reaction is quite negative.

Copyright law protects any original work fixed in a tangible medium. An original drawing, piece of music, or written material has copyright protection immediately upon creation.

Filing an application to register a federal trademark with the U.S Patent & Trademark Office (USPTO) can be challenging. Part of this challenge is the ongoing application monitoring required,

The Internet has provided us with an incredible ability to research anything we want, any time we want. For example, have you ever Googled your own name? Type your own name into the search bar and click. It’s astounding what you can find.

As a trademark attorney, a good portion of my work for clients is administrative, such as working with the Examiners in the U.S. Patent & Trademark Office (PTO) to obtain or maintain a trademark registration. But the most observable value in what I do comes in protecting a client’s mark, which often involves litigation.

For many of the organizations we work with, the registration of a trademark is a significant moment and worth commemorating.

As of December 18, 2021, the first parts of the Trademark Modernization Act (TMA) went into effect. The bill was passed at the end of 2020, and the U.S. Patent & Trademark Office (PTO) has been working on modifications to the current rules to implement the required changes.

It’s easy to get caught up in the details of working in your business. There are customers to please, deliverables and deadlines. You might outsource some tasks simply because you don’t have the time or skill to take on those jobs. That makes a lot of sense, but before you send off that project, it’s important that you set rules and processes…

Have you ever received an email that goes something like this: My name is Jennifer Doe of Doe Law Office. Your website or a website that your company hosts is infringing on copyright-protected images owned by my client.

Imitation may be the sincerest form of flattery, but whether you consider yourself an artist or an entrepreneur, it’s infuriating to find that the designs you carefully crafted are being sold on a competitor’s website. Unfortunately, it’s not an uncommon situation.

If you own or run a business, you understand clearly that consumers expect fast delivery. Customers can order food online and have it delivered to their door within an hour or less. A package from Amazon can arrive the same day as the order is placed. Click online and groceries are waiting at the store for curbside pickup.

If you’re trying to understand trademark use, start by picking up a piece of fine pottery, china or glassware. Chances are, you’ll find the trademark imprinted on the bottom – such as Belleek®, Wedgewood® or Waterford®. The mark may not be emblazoned on the front of the plate as a design, but the product does include an indicator of source. 

One of my favorite comedies from the last century is Spaceballs, the Mel Brooks spoof on Star Wars. As the lead characters, Lone Starr and Barf, rescue heroine and damsel-in-distress Princess Vespa, they come across the stock sage character, Yogurt (played by Brooks), who teaches our protagonists about the all-powerful Schwartz. At one point, Yogurt talks about a sequel, “Merchandising is where the real money from the movie is made,” he says.

Most business owners understand that their brand is critical to their reputation and generating goodwill among their existing and potential customers. They may even have a vague sense that there are some actions they can take to protect that brand, such as applying to register their brand as a trademark. The questions are what to do, and who to call to get more information. 

When a new client calls about a project or question regarding their mark, they are often apologetic. “Sorry, I don’t know much about trademarks and the registration process,” they will tell me. While I appreciate their willingness to learn and provide me with relevant information, there’s no reason for any business person to feel sorry for their lack of knowledge about intellectual property law. 

Early in my career, I worked with large companies, including a Hollywood studio and major automotive brand who spent millions of dollars annually to enforce their trademark rights. Since I began practicing law, that budget has only increased. As trademark owners with considerable investment in their brands, these companies clearly understood their obligation to stop third parties from using marks identical, or substantially similar, to their own mark. Otherwise, there was (and is) a risk that trademark rights may be diluted or completely lost.

In a previous article, we reviewed the top three questions about Trademarks and Trademark Law that we typically hear from new clients. For clients who have some familiarity with trademarks, there are other questions that come up quite regularly. In this article, we will address the three most common questions we hear from these clients, and important considerations for moving forward with your registration.

When we begin working with a client for trademark registration for the first time, there are several questions we encounter quite regularly. In an effort to help anyone who is new to protecting their brand have a better understanding about the work, here are my top three questions about Trademarks and Trademark Law.

From punchlines to tweets and meme themes, most everyone has a moment where they were told “You should trademark that!”